Temporary Public Policy to Facilitate Permanent Residence to Certain Foreign Nationals Affected by the Conflict in Sudan with Family in Canada

Effective Tuesday, February 27^th at 10:00 AM EST, the new Sudanese Permanent Residence pathway will be going live in the Permanent Residence portal. This family-based humanitarian pathway was announced on April 5, 2023, and supports Sudanese and non-Sudanese nationals who resided in Sudan when the conflict began.

To apply under this pathway, applicants and representatives can log into the Permanent Residence portal as usual. They should select ‘Permanent Residence’ as the program type, and then select ‘Other’. Upon selecting this, they will then be able to choose ‘Permanent Residence Pathway – Sudan’ as the category.

For further details on this new pathway, including policy and eligibility considerations, please find information here.

Background

An armed conflict between rival factions of the military government of Sudan began on April 15, 2023, resulting in heavy fighting in Khartoum and other parts of the country. Thousands of civilians have been killed or injured since the fighting began. As of February 6, 2024, more than 1.6 million people have fled the country to bordering nations including Central African Republic, Chad, Egypt, Ethiopia and South Sudan while more than six million have been internally displaced.

The Government of Canada has introduced a number of temporary facilitative measures to support those seeking safety in Canada, including the loved ones of Canadian citizens and permanent residents. Canada remains deeply concerned for the well-being of people affected by the conflict in Sudan.

Public Policy Considerations

This public policy will provide a family-based humanitarian pathway to permanent residence for foreign nationals directly affected by the conflict in Sudan who have family in Canada so that they can find safe haven and build their lives in Canada with support for their settlement and integration.

It recognizes that there are Canadian citizens and permanent residents in Canada that have the will and intention to support their extended family members who were residing in Sudan at the time of the conflict. This public policy also grants fee exemptions for the collection of biometrics information to minimize the financial burden for eligible principal applicants and their family members who are affected by this crisis.

Part 1 – Conditions (eligibility requirements) applicable to principal applicants outside Canada

Based on public policy considerations, when processing an application for a permanent resident visa, a delegated officer may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the conditions listed below.

The foreign national:

1. was residing in Sudan on April 15, 2023;
2. is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada or Sudan, namely
   1. voluntary repatriation or resettlement in their country of nationality or habitual residence, or
   2. resettlement or an offer of resettlement in another country;
3. has submitted an application for a permanent resident visa under this public policy by the electronic means made available on the Department’s website (online) or with an alternative application format provided by the Department if the foreign national or their representative indicated they are unable to apply online;
4. intends to reside in a province or territory other than the province of Quebec;
5. is outside of Canada at the time of application;
6. has identified

1. 1. an anchor, who meets the requirements in Annex A, or
   2. in the case of an anchor whose spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, an anchor and their spouse or common-law partner who both meet the requirements in Annex A;

1. meets one of the following requirements:

1. 1. is the child (regardless of age), grandchild, parent, grandparent, or sibling of the anchor identified in condition 6 of Part 1,
   2. is the spouse or common-law partner of a foreign national described in condition 7.a. of Part 1 who is unable to leave Sudan, or
   3. is or was, in respect of a foreign national described in condition 7.a. of Part 1 who is missing, presumed dead, or deceased, the spouse or common-law partner, provided they have not since become the spouse or common-law partner of another person;

1. has provided a statutory declaration from the anchor, and the anchor’s spouse or common-law partner in the case where the spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, which has not subsequently been withdrawn, in which they attest that:

1. 1. they have the intention to provide the support set out in Annex B for the foreign national and their accompanying family members as defined in section 1(3) of the Regulations, and
   2. they have not accepted, and understand they are not to accept, any financial compensation from the foreign national and their family members; and
2. holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provide a document described in subsection 178(1) and 178(2) of the Regulations.

Part 2 – Conditions (eligibility requirements) applicable to principal applicants in Canada

Based on the public policy considerations, delegated officers may grant permanent resident status to a foreign national who meets the conditions listed below. Delegated officers may also grant an exemption from the requirements of the Act and Regulations identified below when a foreign national is being considered for permanent resident status under this Part.

The foreign national:

1. was residing in Sudan on April 15, 2023;
2. is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada or Sudan, namely
   1. voluntary repatriation or resettlement in their country of nationality or habitual residence, or
   2. resettlement or an offer of resettlement in another country;
3. has submitted an application for permanent resident status under this public policy by the electronic means made available on the Department’s website (online) or with an alternative application format provided by the Department if the foreign national or their representative indicated they are unable to apply online;
4. intends to reside in a province or territory other than the province of Quebec;
5. is physically present in Canada at the time when an application for permanent residence under this public policy is made, and at the time of granting of permanent residence;
6. has identified

1. 1. an anchor, who meets the requirements in Annex A, or
   2. in the case of an anchor whose spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, an anchor and their spouse or common-law partner who both meet the requirements in Annex A;

1. meets one of the following requirements:

1. 1. is the child (regardless of age), grandchild, parent, grandparent, or sibling of the anchor identified in condition 6 of Part 2,
   2. is the spouse or common-law partner of a foreign national described in condition 7. a. of Part 2 who is unable to leave Sudan, or
   3. is or was, in respect of a foreign national described in condition 7. a. of Part 2 who is missing, presumed dead, or deceased, the spouse or common-law partner, provided they have not since become the spouse or common-law partner of another person;

1. has provided a statutory declaration from the anchor, and the anchor’s spouse or common-law partner in the case where the spouse or common-law partner intends for their income to be included to meet the financial requirement described under Option A or C of Annex C, which has not subsequently been withdrawn, in which they attest that:

1. 1. they have the intention to provide the support set out in Annex B for the foreign national and their accompanying family members as defined in section 1(3) of the Regulations, and
   2. they have not accepted, and understand they are not to accept, any financial compensation from the foreign national and their accompanying family members;
2. holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provide a document described in subsection 178(1) and 178(2) of the Regulations;
3. has valid temporary resident status in Canada; and
4. is not inadmissible pursuant to the Act and Regulations, other than for being inadmissible for financial reasons.

Part 3 – Conditions (eligibility requirements) applicable to family members outside Canada

Based on public policy considerations, when processing an application for a permanent resident visa, a delegated officer may grant an exemption from the provisions of the Act and Regulations identified below when a foreign national meets the conditions listed below.

The foreign national:

1. has been included as an accompanying family member in an application for a permanent resident visa or for permanent resident status by an applicant who has been found to meet the conditions in Part 1 or Part 2 of this public policy respectively;
2. meets the definition of family member in subsection 1(3) of the Regulations;
3. is outside of Canada at the time of application;
4. intends to reside in a province or territory other than the province of Quebec;
5. holds a document enumerated at subsection 50(1) of the Regulations or if they are unable to obtain a document enumerated at subsection 50(1), provides a document described in subsection 178(1) and 178(2) of the Regulations.

Part 4 – Conditions (eligibility requirements) applicable to family members in Canada

Based on public policy considerations, a delegated officer may grant permanent resident status to a foreign national who meets the conditions listed below. Delegated officers may also grant an exemption from the requirements of the Act and Regulations identified below when a foreign national is being considered for permanent resident status under this Part.

The foreign national:

1. has been included as an accompanying family member in an application for a permanent resident visa or for permanent resident status by a principal applicant who has been found to meet the conditions in Part 1 or Part 2 of this public policy respectively;
2. meets the definition of family member in subsection 1(3) of the Regulations;
3. is in Canada and has valid temporary resident status in Canada; and
4. is not inadmissible pursuant to the Act and Regulations, other than for being inadmissible for financial reasons.

If you or your family members have any questions about this Program, please do not hesitate to contact us at The Poonah Immigration Law Firm. You can reach us by emailing info@poonahimmigrationlaw.com or by calling us at 678-978-5848.